Paul Koczera, Et Al. v. Christi Lenay Fields Steele, Et Al.

This negligence action primarily concerns a failed attempt at service of process in an underlying healthcare liability action filed in 2008. After the dismissal of a defendant doctor in the underlying suit, the plaintiffs filed the present case asserting that the defendants prevented the doctor from being served with process in the healthcare liability action. The defendants moved for summary judgment. The trial court, among other rulings, granted the motion for summary judgment, and the plaintiffs appealed the trial court’s various rulings. In an opinion filed on April 28, 2017, we affirmed the denial of the plaintiffs’ motions for default judgment, to dismiss their own complaint as moot, and for additional time to conduct discovery; however, we vacated the order granting the defendants’ motion for summary judgment and remanded the case for entry of an order that complied with Tennessee Rule of Civil Procedure 56.04. On remand, the trial court again granted summary judgment explaining that its decision was based on its conclusion that no duty of care was owed by the defendants to the plaintiffs. We affirm.